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Perkins v. HEA of Iowa2/6/2002
Appeal from the Iowa District Court for Clinton County, John A. Nahra, Judge.
The respondents appeal the district court's ruling on judicial review reversing a workers' compensation commissioner's decision that denied the petitioner's claim.
This appeal from a workers compensation ruling raises two issues of timing: (1) whether the one-year statute of repose governing occupational diseases applies to a claim based on a single, traumatic exposure to hepatitis C and (2) whether a two-year statute of limitations governing work-related injuries applies to a claim based on an injury appearing more than five years after exposure. Like the district court, we agree with the industrial commissioner's conclusion that the statute of repose is not triggered, but disagree with her conclusion that the claim is time-barred. Accordingly, we affirm the district court.
I. Background Facts and Proceedings
Diane Perkins worked as a medication assistant for HEA, a residential care facility. In addition to passing out and charting medications, she performed general nurse's aide duties. On October 2, 1990, a shunt in a patient's leg abruptly ruptured, covering Perkins in blood. The blood came into contact with cuts on Perkins' hands and also entered her eyes and mouth. Perkins was informed the patient had hepatitis C and was sent for initial testing. The test result was negative. The tester advised Perkins she would have to be retested in six months and again in a year and told her she would receive notification of the renewed testing dates. Neither the tester nor the employer followed through with this commitment to notify her and, as a result, Perkins was not tested at either of those times.
Perkins did not experience any serious health problems until 1995, when she contracted pneumonia and suffered fatigue and muscle pain. Tests conducted during a November 1995 hospitalization revealed high liver enzymes. In April 1996, Perkins was diagnosed with hepatitis C.
Perkins filed a worker's compensation claim in October 1996. Following an arbitration proceeding, a deputy commissioner awarded Perkins healing period and permanent partial disability benefits. On intra-agency appeal, the industrial commissioner by delegation reversed this decision. The parties sought judicial review. The district court affirmed the commissioner's determination on the statute of repose but reversed her conclusion on the statute of limitations. The parties now seek further judicial review. They contend the commissioner's decision is not supported by substantial evidence in the record as a whole and is affected by errors of law. See Iowa Code § 17A.19(8)(e), (f) (1995).
II. Statute of Repose-Occupational Disease
Our legislature has set forth two workers compensation schemes, one for occupational diseases and one for work-related injuries. See Iowa Code ch. 85A (affording compensation for occupational diseases) and compare Iowa Code ch. 85 (affording compensation for work-related injuries). The two are mutually exclusive. See Iowa Code § 85A.14 (disallowing compensation under occupational disease chapter for work related injuries compensable under chapter 85); § 85.61(4)(b) (stating "occupational disease" is not an "injury").
Iowa Code section 85A.12, pertaining only to occupational diseases, states that an employer shall not be liable for paying benefits resulting from an occupational disease unless disablement occurs "within one year . . . after the last injurious exposure to such disease in such employment . . . ." Iowa Code § 85A.12. This provision sets forth conditions that must exist before a right of compensation under the occupational di
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